EMERGENCY
RESCUE SERVICE ACT, 2012.
(KHYBER
PAKHTUNKHWA ACT NO. XV OF 2012)
CONTENTS
PREAMBLE
SECTIONS
1.
Short title, extent and commencement.
2.
Definitions.
3.
Establishment of the Rescue 1122.
4.
Aims and Objectives of the Rescue 1122.
1[5. Council.]
6.
Meetings of the Council.
7.
Powers and functions of the Council.
8.
Delegation of powers.
9.
District Emergency Board.
10.
Director General.
11.
Directors, Deputy Directors and Assistant
Directors.
12.
Officers, employees etc.
13.
District Emergency Officer and Emergency Officer.
14.
Rescuer.
15.
Emergency Service Academy.
16.
Fund.
17.
Act-in-aid of the Rescue 1122.
18.
Powers to manage emergencies.
19.
Obstruction or hindrance.
20.
Immunity against certain liabilities.
21.
Life insurance.
22.
Public servants.
1Substituted
vide Khyber Pakhtunkhwa Act No. XXXIX of 2014
23.
Regularization of certain employees.
24.
Emergency ambulance and rescue vehicles.
25.
Right of way to emergency rescue vehicles and
ambulances.
26.
False or obnoxious calls.
27.
Offences and punishments.
28.
Power to make rules.
29.
Power to make regulations.
30.
Procurement in case of
Acquisition of Emergency related goods and services.
31.
Act not in derogation of other laws.
32.
Repeal.
EMERGENCY
RESCUE SERVICE ACT, 2012.
(KHYBER
PAKHTUNKHWA ACT NO. XV OF 2012)
[first
published after having received the assent of the Governor of the Khyber
Pakhtunkhwa in the Gazette of Khyber Pakhtunkhwa (Extraordinary),dated the 20thSeptember,2012].
AN
ACT
to
provide for the establishment of the
Khyber
Pakhtunkhwa Emergency Rescue Service.
Preamble.---WHEREAS it is expedient to
establish an emergency rescue service for the purpose of maintaining a state of preparedness to deal with
emergencies, to provide timely response, rescue and emergency medical treatment
to the persons affected by emergencies and recommending measures to be taken by
related organizations to avoid or combat emergencies;
It is
hereby enacted as follows:
1.
Short title, extent and commencement.---(1) This Act may be called the Khyber Pakhtunkhwa Emergency Rescue Service Act, 2012.
(2)
It shall extend to the whole of the Province of the
Khyber Pakhtunkhwa.
(3)
It shall come into force at once.
2.
Definitions.---In this Act, unless there is
anything repugnant to the subject or context,-
(a)
“Board” means the District Emergency
Board constituted under section 9;
(b)
“Council” means the Khyber
Pakhtunkhwa Emergency Council constituted under section 5;
(c)
“Director” means a Director appointed under section
11;
(d)
“Director General” means the
Director General appointed under section 10;
(e)
“district” means a district as notified by
Government under the West
Pakistan Land Revenue Act, 1967 (Khyber Pakhtunkhwa Act No. XVII of
1967);
(f)
“District Emergency Officer”
means the District Emergency Officer appointed under section 13;
(g)
“emergency” means a serious and
potentially dangerous situation requiring immediate action such as an accident,
hazardous material incident, fire, explosion, natural or manmade disaster and
medical emergencies;
(h)
“emergency area” means the area affected by an emergency;
(i)
“Emergency Officer” means an
Emergency Officer appointed under section 13;
(j)
“Fund” means the Emergency Rescue
Service Fund established under section 16;
(k)
“Government” means the Government of the Khyber
Pakhtunkhwa;
(l)
“non-governmental organization” includes
any private agency or body working voluntarily for the welfare of the persons
affected by an emergency;
(m)
“premises” includes land, place,
building, vehicle, vessel or aircraft or any part of premises;
(n)
“prescribed” means prescribed by
rules or regulations made under this Act;
(o)
“Provincial Assembly” means the Provincial Assembly
of the Province;
(p)
“Province” means the Province of the Khyber
Pakhtunkhwa;
(q)
“regulations” mean regulations made under this Act;
(r)
“Rescuer” means a member of the Rescue 1122 appointed
under section
14;
(s)
“Rescue 1122” means
the Khyber Pakhtunkhwa
Emergency Rescue
Service
1122 established under section 3;
(t)
“Rescue Station” means a place
where an office of the Rescue 1122 is established;
(u)
“rules” mean rules made under this Act;
(v)
“section” means a section of this Act; and
(w)
“Volunteer” means a person who is registered as
such by the Rescue
1122 or engaged by a Rescuer in emergency area to assist the Rescue 1122
in the exercise of its functions under this Act.
3.
Establishment of the Rescue 1122.---(1) As
soon as after the commencement of this Act,
Government shall establish an Emergency Rescue Service to be known as the
Khyber Pakhtunkhwa Emergency Rescue Service hereinafter referred to as “Rescue
1122”.
(2)
The Rescue 1122 shall be a body
corporate having perpetual succession and a common seal, with power to enter
into contract, acquire, hold and dispose of property, and may by its name sue
or be sued.
(3)
The main office of the Rescue
1122 shall be at Peshawar. The Rescue 1122 shall have its district offices at
such other places in the Province, as the Council may deem proper.
(4)
The Rescue 1122 shall have the
authority to accept donations in the shape of land, vehicles equipments and
other such items which may facilitate the functioning of the Rescue 1122 and
all such donations shall be used, maintained and disposed of by the Rescue 1122
in the manner as may be prescribed.
(5)
All the employees of the Rescue
1122 shall be governed under the West Pakistan Essential Services (Maintenance)
Act, 1958 (W.P. Act No. XXXIV of 1958) and rules or regulations made under this
Act.
4.
Aims and Objectives of the Rescue 1122.---The aims and objectives of the Rescue 1122 shall be to-
(a)
maintain a state of preparedness to deal with
emergencies;
(b)
provide timely response, rescue
and emergency medical treatment to the victims of an emergency including
medical and surgical emergencies;
(c)
establish a system for rapid communication,
exchange of information and quick response to combat or deal with an emergency;
(d)
arrange for a universal toll free
emergency dial-in-number as may be allocated by the Pakistan Telecommunication
Authority to be used throughout the Province;
(e)
play a lead role and coordinate
the working of other organizations or agencies which have lawful authority to
respond to an emergency;
(f)
arrange transport where necessary
for carrying persons requiring emergency medical treatment from the emergency
area to the nearest
hospital or health care unit having arrangements for emergency medical
care and treatment;
(g)
establish community emergency
response teams through enlistment, training, coordination and supervision of
volunteers to assist the Rescue 1122 in safety promotion and management of
emergencies;
(h)
impart training and grant
certificates to rescuers, volunteers and other private persons for due
performance of emergency management duties;
(i)
establish direct contact with
local and international organizations and training institutions to maintain the
Rescue 1122 according to international standards;
(j)
collect, compile, maintain and
analyze emergency response data and statistics relating to emergencies and to
use it for research and prevention of such emergencies;
(k)
implement the regulations framed
by the Council for dealing with emergencies in accordance with the provisions
of this Act;
(l)
suggest measures for the
prevention or mitigation of hazards endangering public safety on roads, public
parks and other public places particularly exhibitions, trade shows, amusement
parks, and fairs with regard to public safety provisions;
(m)
encourage, facilitate, and train
staff of non-governmental organizations and educational institutions for
emergency management;
(n)
register and ensure minimum
standards and code of conduct to be followed by rescue vehicles, ambulances and
patient transportation services; and
(o)
coordinate and maintain an
effective liaison with all other organizations managing emergencies.
1[5. Council.---There shall be a Council of
the Rescue 1122, to be known as the
Khyber Pakhtunkhwa Emergency Council consisting of the following:
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(a) |
Secretary |
to |
Government, |
Relief, |
Chairman |
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Rehabilitation
and Settlement Department; |
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(b) |
a representative of
the Home and
Tribal |
Member |
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Affairs
Department, not below the rank of |
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an
Additional Secretary; |
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1Substituted
vide Khyber Pakhtunkhwa Act No. XXXIX of 2014
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(c) |
a
representative of the Finance Department, |
Member |
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not below
the rank of
an Additional |
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Secretary; |
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(d) |
a
representative of the Health Department, |
Member |
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not below
the rank of
an Additional |
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Secretary; |
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(e) |
a
representative of the Local Government |
Member |
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Department, not
below the rank
of an |
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Additional
Secretary; |
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(f) |
a
representative of the Police Department, |
Member |
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not below the rank of grade 19 officer; |
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(g) |
two representatives (one
each from the |
Members |
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Government
Teaching Hospitals and Non- |
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Governmental |
Organization, |
to |
be |
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nominated
by Government, for a period of |
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three
years; |
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(h) |
the Director
Civil Defence, Khyber |
Member |
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Pakhtunkhwa;
and |
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(i) |
the
Director General, Rescue 1122. |
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Secretary- |
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cum- |
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Member.] |
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6. |
Meetings of the Council.--- (1) |
A
meeting of the Council shall be called by the |
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(2)
The quorum for the meeting of the Council shall be 1[six].
(3)
The Council shall meet at least once within three
months.
(4)
The Council may co-opt or invite any person
depending on the requirement of its
meeting.
7.
Powers and functions of the Council.---(1)
Subject to the provisions of this Act and
rules, the Council shall exercise such powers and perform such functions,
as may be necessary for carrying out the purposes of this Act.
(2)
Without prejudice to the generality of the
fore-going sub-section, the Council
shall-
1Substituted vide Khyber
Pakhtunkhwa Act No. XXXIX of 2014
(a)
lay down the policy and guidelines and issue
directions for efficient,
effective
and expeditious actions in dealing with emergencies;
.
(b)
issue regulations to prescribe
the minimum standards for the offices and staff to maintain efficiency and
effectiveness of the Rescue 1122;
(c)
approve the annual management
plan including the annual budget of the Rescue 1122;
(d)
make recommendations to
Government for administrative, legal and financial measures required to sustain
the Rescue 1122;
(e)
approve measures with regard to
matters relating to the Federal Government, other Provinces and donors;
(f)
review and analyze statistics
relation to all emergency incidents, accidents and disasters;
(g)
issue special directions to the Board; and
(h)
oversee the working of the Rescue 1122 and the
training institutions.
8.
Delegation
of powers.---The Council may, by general or special order,
delegate to the
1[Deleted] Director General any of its powers and functions under this
Act subject to such conditions as it may deem fit.
9.
District Emergency Board.---(1) As
soon as after the commencement of this Act, the Council may by notification published in the official Gazette,
constitute a District Emergency Board for a district for the prevention and
effective management of emergency in the district.
(2)
The Board shall have such powers
and shall perform such functions as may be assigned to it by the Council.
10.
Director General.---(1) Government shall 2[post any officer of BPS-20 as] Director General, who shall be the Chief Executive Officer of the Rescue
1122 and shall exercise such powers and perform such functions as may be
assigned to him by the Council.
3[(2) Deleted]
4[(3) Deleted]
(4)
The Director General shall be
responsible for the day to day administration of the affairs of the Rescue
1122.
1Deleted vide Khyber Pakhtunkhwa
Act No. XXXIX of 2014
2Substituted
vide Khyber Pakhtunkhwa Act No. XXXIX of 2014
3Deleted
vide Khyber Pakhtunkhwa Act No. XXXIX of 2014
4Deleted
vide Khyber Pakhtunkhwa Act No. XXXIX of 2014
1[(5) Deleted]
(6)
The Director General shall follow
and comply with such directions of the Council as may be given to him in
writing in the public interest.
(7)
Subject to the approval of the
Council, the Director General, may delegate any of his powers or functions to a
Director or to an Officer of the Rescue 1122.
11.
Directors, Deputy Directors and Assistant Directors.---(1) There shall be Directors, Deputy
Directors and Assistant Directors of the Rescue 1122, who shall be appointed in
such a manner as may be prescribed by regulations.
(2)
A Director, Deputy Director and
Assistant Director shall perform such functions as may be prescribed by
regulations.
12.
Officers, employees etc.---(1) To
carry out the aims and objectives of the Rescue 1122, the Council may from time to time appoint consultants, experts,
advisors and other officers and employees.
(2)
All employees of the Rescue 1122
shall be liable to be assigned any emergency duty in accordance with the need
of the time.
(3)
The number and nature of the
posts in the Rescue 1122, necessary criteria and the manner of appointment
thereto shall be prescribed by regulations and the employees appointed to these
posts shall receive such remuneration, allowances and privileges and shall be
subject to such terms and conditions of service as may be prescribed by
regulations.
(4)
In the performance of their
duties and functions, the employees of the Rescue 1122 and the volunteers shall
abide by the directions and instructions of the Director General.
13.
District Emergency Officer and Emergency Officer.---(1) There shall be a District Emergency
Officer and such other Emergency Officers appointed by the Council to perform
the field operations of the Rescue 1122 2[for effective management of the emergency in the District concerned.]
(2)
The District Emergency Officer
shall be the head of the Rescue 1122 in the district and shall be assisted by
all Emergency Officers and Rescuers in the district.
(3)
No person, shall be appointed as an District
Emergency Officer unless, he-
(a)
is a medical graduate preferably
a post-graduate or having Master’s Degree in Disaster Management or Emergency
Management or public health;
1Deleted vide Khyber Pakhtunkhwa
Act No. XXXIX of 2014
2Added
vide Khyber Pakhtunkhwa Act No. XXXIX of 2014
(b)
has at least five years working 1[experience] in relevant field
preferably in emergency management; and
(c)
is physical and mentally fit to perform field 2[operations.]
(4)
No person, shall be appointed as an Emergency
Officer unless he-
3[(a) is a
medical graduate preferably a post-graduate having Master's Degree in Disaster
Management or Emergency Management or Public Health;]
(b)
has at least two years working in emergency
management; and
(c)
is physically and mentally fit to perform field
operations.
14.
Rescuer.---(1) There shall be Rescuers
appointed by the Council on such terms and
conditions as may be prescribed, to perform the field operations of the
Rescue 1122.
4[(2) No person shall be
appointed, as a Rescuer, who has not cleared the prescribed educational
qualification and fitness criteria.]
(3)
A Rescuer shall perform such field duties and
functions as are assigned to him by
the
Council.
(4)
A Rescuer shall be liable to be
retired on attaining the age of fifty years, if he cannot be adjusted on any
other post in the Rescue 1122.
(5)
Where a Rescuer is retired under
sub-section (4), he shall be entitled to such benefits as may be prescribed by
the Council.
15.
Emergency Service Academy.---(1) As
soon as after the commencement of this Act,
Government shall establish an Academy to be known as the Khyber Pakhtunkhwa
Emergency Service Academy for the purposes of running short or long courses
with local or international collaboration and award certificates to successful
persons.
(2)
The Emergency Service Academy may also arrange for
the training of the
5[employees] of the Rescue 1122, volunteers and other individuals or
workers of organization, public or private, to be equipped with the knowledge
of dealing with all possible situations relating to prevention and management
of emergencies.
16.
Fund.---(1) There shall be established
a Fund to be known as the Emergency Rescue
Service Fund which shall consist of-
1Inserted vide Khyber Pakhtunkhwa
Act No. XXXIX of 2014
2Substituted
vide Khyber Pakhtunkhwa Act No. XXXIX of 2014
3Substituted
vide Khyber Pakhtunkhwa Act No. XXXIX of 2014
4Substituted
vide Khyber Pakhtunkhwa Act No. XXXIX of 2014
5Substituted
vide Khyber Pakhtunkhwa Act No. XXXIX of 2014
(a)
grant-in-aid provided by the
Federal Government and Government for the establishment, maintenance and
performance of the Rescue 1122; and
(b)
the donations or contributions
received or generated from private persons or public, local, foreign or
international organizations.
(2)
The Fund shall be maintained in a
scheduled bank and shall be operated in accordance with directions of the Council.
(3)
The Fund shall be regularly
monitored by the Council and audited in the same manner as in the case of the
funds of other Government Departments.
(4)
The annual audit report of the
Fund shall be made available to the general public and submitted to the
Provincial Assembly.
(5)
No person from the Rescue 1122
shall organize, conduct or take part in any proceedings for collecting or
soliciting money or property from the public except the person authorized by
the Council and in accordance with such conditions as may be laid down by the
Council.
17.
Act-in-aid of the Rescue 1122.---(1)
Every member of the police force of the Province and all members of other organizations shall act-in-aid of the
Rescue 1122.
(2)
The police acting-in-aid of the
Rescue 1122 shall 1[be on the back and call of Rescue 1122 and], control and divert the
traffic in or around an emergency area to facilitate and ensure free movement
of emergency rescue vehicles and the persons dealing with an emergency and to
prevent within the emergency area any theft, dacoity or loss of the property of
the persons involved in the emergency.
(3)
It shall be obligatory upon all
telecommunication operators, companies, corporations or other authorities
concerned to provide free of cost access to its subscribers to avail the
universal emergency dial-in-number as notified by the Rescue 1122, without any
prefix or suffix for the whole of the Province.
2[(4) The police acting-in-aid
shall also provide personal security to the operational staff of Rescue 1122 at
the time of an emergency.]
18.
Powers to manage emergencies.---(1) An
Emergency Officer or a Rescuer, in providing
emergency services, may take any reasonable measures to protect-
(a)
persons from any danger or
potential danger associated with an emergency situation;
(b)
persons trapped in a vehicle,
receptacle, vessel or otherwise endangered; and
1Inserted
vide Khyber Pakhtunkhwa Act No. XXXIX of 2014
2Added
vide Khyber Pakhtunkhwa Act No. XXXIX of 2014
(c)
themselves or other persons or
vehicles from danger, potential danger, assault or battery from other person.
(2)
Without limiting the measures that may be taken for
a purpose specified in clause
(a) or clause
(b) of sub-section (1), an Emergency Officer or a Rescuer may, for that
purpose-
(a)
enter any premises, vehicle or vessel;
1[(aa) ask any relevant building
authority to provide maps, evacuation plan or other related document;]
(b)
open any receptacle, using such force as is
reasonably necessary;
(c)
bring any apparatus or equipment onto a premises;
(d)
remove from or otherwise deal with, any article or
material in the area;
(e)
remove (wholly or partially) or
damage any premises, vehicle, vessel or receptacle;
(f)
cause the gas or electricity
supply or motor or any other source of energy to any premises, vehicle, vessel
or receptacle to be shut off or disconnected;
(g)
request any person or
organization to take all reasonable measures to assist the Rescue 1122; and
(h)
administer such life safety
procedures as are consistent with the training and competency of the Emergency
Officer or Rescuer.
(3)
Without limiting the measures that may be taken for
a purpose specified in clause
(c) of sub-section (1), a Rescuer or an officer authorized by the 2[Director General] may, for that
purpose, require any person not to enter into or remain within the emergency
area and may use any appropriate public place for emergency warning and refuge
centre or for purposes of community awareness.
(4)
No person shall refuse to comply
with the directions of the Rescuer or the person specified in sub-section (2),
and if a person or organization does not comply with such directions, the
Rescuer or the aforesaid officer may use such force as is reasonably necessary
to ensure compliance.
19.
Obstruction or hindrance.---No
person shall willfully obstruct or hinder the Director General, Director, Deputy Director, District Emergency Officer,
Emergency Officer, Rescuer, or any other person acting with his authority, in
the exercise of a function under this Act.
1Inserted vide Khyber Pakhtunkhwa
Act No. XXXIX of 2014
2Substituted
vide Khyber Pakhtunkhwa Act No. XXXIX of 2014
20.
Immunity against certain liabilities.---(1) An
act or omission committed by an employee
of the Rescue 1122, or a volunteer, shall not, if committed in good faith for
the purpose of exercising the functions of or assisting the Rescue 1122,
subject such employee or volunteer personally to any legal action, liability,
claim or demand.
(2)
All actions, proceedings and
claims against any such employee or a volunteer in relation to any act done or
omitted to be done in good faith, shall be defended and indemnified by the
Rescue 1122.
(3)
Subject to the rules, any
information received by the Rescue 1122 shall be deemed to be the privileged
communication between the informer and the Rescue 1122:
Provided that the Director General may, in a special case and by order
in writing, waive such privilege.
21.
Life insurance.---All employees of the Rescue
1122 shall contribute to the salary saving
life insurance scheme and compensation in case of injury or death in the
line of duty shall be provided by the Rescue 1122 to such extent as may be
prescribed by the Council.
22.
Public servants.---All employees of the Rescue
1122 shall be deemed to be public servants
within the meaning of section 21 of the Pakistan Penal Code, 1860 (Act No. XLV
of 1860).
23.
Regularization of certain employees.---(1)
Notwithstanding anything contained in any
law or rules, all employees of the erstwhile development project titled “Emergency
Rescue Service (Rescue 1122)”, who are holding various posts in the said
project till the commencement of this Act, shall be deemed to have been validly
appointed to those posts on regular basis on the commencement of this Act,
having the same qualification and experience for the said posts.
(2)
The seniority of the employees of
the said project shall be determined in the prescribed manner.
24.
Emergency ambulance and rescue vehicles.---(1) No person shall use any vehicle as an emergency ambulance or rescue vehicle, unless it satisfies such
requirements as are laid down by the Rescue 1122.
(2)
Where a vehicle does not fulfill
the requirements laid down by the Rescue 1122, but is used as a patient
transport vehicle, it shall not use any siren or a warning light other than a
round yellow warning light.
(3)
No person, other than that
belonging to a law enforcing agency, shall use red, blue or orange light or any
siren on his vehicle except where the vehicle satisfies the requirements
prescribed for an emergency ambulance or vehicle.
(4)
No person shall-
(a)
use the words “Rescue” or “Rescue
1122” or any other similar name, title or description without the written
authority of the Director General;
(b)
falsely represent that he is
associated with the Rescue 1122 unless such an association exists;
(c)
impersonate as an officer of the Rescue 1122; or
(d)
use any insignia of the Rescue
1122 in any manner contrary to that approved by the Director General.
25.
Right of way to emergency rescue vehicles and ambulances.---A driver of a vehicle or a
member of the public or traffic police, to the extent practicable, shall make
all possible efforts to give clear and uninterrupted passage to-
(a)
an emergency rescue vehicle or an
ambulance with activated warning devices, siren or warning lights and duly
registered with the Rescue 1122; and
(b)
an emergency officer or a rescuer
or any person acting under their direction, who appears to be doing any act for
the purposes of this Act.
26.
False or obnoxious calls.---No
person shall make a false or an obnoxious call on the emergency dial-in-number or in any other manner try to falsely
represent that emergency circumstance exists requiring utilization of any
resources of the Rescue 1122.
27.
Offences and punishments.---(1)
Any person who willfully or without any reasonable excuse, disobeys or violates any provision of this Act, shall be
deemed to have committed a bailable offence punishable with simple imprisonment
for six months or with fine not exceeding rupees fifty thousand or with both.
(2)
No prosecution under this Act
shall be lodged without the previous sanction of the Director General which
shall not be given except after serving a notice on the person concerned and
giving him reasonable opportunity of hearing.
(3)
No Court inferior to that of a Magistrate of the
First Class shall try an offence
under
this Act.
28.
Power to make rules.---Government may make rules for
carrying out the purposes of this
Act.
29.
Power to make regulations.---The
Council may make regulations, not inconsistent with this Act or the rules for or with respect to any matter that by
this Act is required or permitted to be prescribed, specified or determined by
the Council for carrying out the purposes or giving effect to the provisions of
this Act.
30.
Procurement in case of Acquisition of Emergency related goods and
services.---The Council may frame regulations for procurement of overside the
public procurement framework in case of acquisition of emergency related goods
and services.
31.
Act not in derogation of other laws.---This
Act is not in derogation of any other law
applicable in the Province and does not absolve any other person from his responsibility
to take necessary measures to protect and save the lives and properties of a
person in an emergency.
32.
Repeal.---The Khyber Pakhtunkhwa Emergency
Rescue Service Ordinance, 2012 (Khyber
Pakhtunkhwa Ordinance No. IV of 2012) is hereby repealed.